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Deed of Variation

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Comments

  • user1977
    user1977 Posts: 19,390 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    jarv81178 said:
    No no, the loft space belongs to me, the freeholder and my buyer has agreed, it just needs adding to lease contents hence a “deed of variation”
    It doesn't belong to you if it's not in the lease.
  • user1977
    user1977 Posts: 19,390 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    edited 5 February 2022 at 11:20AM
    GDB2222 said:
    user1977 said:
    jarv81178 said:
    GDB2222 said:
    No. Not a chance. 5 months? 5 weeks, perhaps.
    even if everyone is saying it's extremely urgent otherwise the chain will break?
    Why would the freeholder or their solicitor care about your chain and its preferred timescales? I mean, they might be helpful, if they've got nothing better to do with their time, but I wouldn't be holding my breath.

    Why are your buyers raising this fundamental issue at the last minute? It might be a better use of the 5 days for them to decide to take a view on the fact they're not getting any title to the loft.
    That depends on what they want to do with the loft. If it’s just for storage, they might be happy just to muddle along without anything in the lease. If they’ll be making the loft into living space, that’s a different matter.
    Sure. But unless it's currently forming any valuable space (e.g. by already having been converted into habitable space), they could take a view on it, in the same way that the OP (presumably) did. Especially if they're aware that the freeholder is agreeable in principle to sorting it out.

  • jarv81178
    jarv81178 Posts: 108 Forumite
    Fourth Anniversary 10 Posts Name Dropper
    user1977 said:
    jarv81178 said:
    No no, the loft space belongs to me, the freeholder and my buyer has agreed, it just needs adding to lease contents hence a “deed of variation”
    It doesn't belong to you if it's not in the lease.
    This is why we are getting a deed of variation to say it definitely belongs to me
  • Hobby83
    Hobby83 Posts: 14 Forumite
    10 Posts
    I am going through something similar regarding selling and having to get a deed at the last minute. I have been told the deeds can take from a minimum 2 weeks to 12 months. Depending on the speed of freeholders and lawyers. 

    What I have don't start the deed off and then have transferred the process to the new buyer, so I don't have to wait months for this to finish. 
  • eddddy
    eddddy Posts: 18,496 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 7 February 2022 at 12:30PM
    jarv81178 said:

    This is why we are getting a deed of variation to say it definitely belongs to me
    Out of interest - why do you think the loft currently belongs to you?

    Did somebody tell you it belongs to you, do you have some document that says it belongs to you?

    Who did you buy the loft from? Did you buy it from the freeholder?


    (It seems like there's either a very important piece of information that you haven't mentioned, or there's a huge misunderstanding somewhere.  But if the freeholder is happy to sign a deed of variation, I guess it doesn't really matter.)
     
  • jarv81178
    jarv81178 Posts: 108 Forumite
    Fourth Anniversary 10 Posts Name Dropper
    eddddy said:
    jarv81178 said:

    This is why we are getting a deed of variation to say it definitely belongs to me
    Out of interest - why do you think the loft currently belongs to you?

    Did somebody tell you it belongs to you, do you have some document that says it belongs to you?

    Who did you buy the loft from? Did you buy it from the freeholder?


    (It seems like there's either a very important piece of information that you haven't mentioned, or there's a huge misunderstanding somewhere.  But if the freeholder is happy to sign a deed of variation, I guess it doesn't really matter.)
     
    Freeholder is happy to sign and says the loft belongs to flat owners
  • GDB2222
    GDB2222 Posts: 26,882 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    jarv81178 said:
    eddddy said:
    jarv81178 said:

    This is why we are getting a deed of variation to say it definitely belongs to me
    Out of interest - why do you think the loft currently belongs to you?

    Did somebody tell you it belongs to you, do you have some document that says it belongs to you?

    Who did you buy the loft from? Did you buy it from the freeholder?


    (It seems like there's either a very important piece of information that you haven't mentioned, or there's a huge misunderstanding somewhere.  But if the freeholder is happy to sign a deed of variation, I guess it doesn't really matter.)
     
    Freeholder is happy to sign and says the loft belongs to flat owners
    Well, hopefully, it will all go through smoothly. 
    No reliance should be placed on the above! Absolutely none, do you hear?
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